Alfred City Zoning Code
ARTICLE XIII
Wellhead Protection District 2
§ 160-68 Purpose.
The purpose of the Wellhead Protection District 2 is to protect the vicinity of the Alfred Water District wellheads from land uses which pose a threat to the quality and/or quantity of the groundwater extracted for public use.
§ 160-69 Location.
The Wellhead Protection District 2 is defined as the area through which groundwater will travel within 2,500 days to reach the Alfred Water District water supply wellheads. The location corresponds to the area defined as "WHPA Zone II," established by geologic study and numeric modeling, performed by Emery & Garrett Groundwater, Inc., in February 2004 (Job Number: ME 0366) and approved by the Maine Department of Health and Human Services Drinking Water Program on February 20, 2004. The location and boundaries of the Wellhead Protection District 2 are established as shown on the Official Zoning Map and are hereby made a part of this chapter.
§ 160-70 Dimensional requirements.
[Amended 3-11-2006 ATM by Art. 24; 3-9-2007 ATM by Art. 25]
There are no dimensional requirements for the Wellhead Protection District 2 because most activities and land uses are prohibited. Except for legal nonconformities, building or land used or occupied, lots created, and buildings erected, constructed, reconstructed, moved or structurally altered, whether requiring a land use permit or not, must comply with the requirements of Articles XVII and XVIII (general and specific performance standards) of this chapter.
§ 160-71 Permitted uses.
The permitted uses in the Wellhead Protection District 2 are those indicated in the Land Use Table in Article V of this chapter.
§ 160-72 Monitoring wells.
A.
Whenever the Code Enforcement Officer finds that a use, located within the Wellhead Protection District 2 and which was in existence as of Tuesday, March 29, 2005, poses an actual or potential threat to the safety or quality of the public groundwater supply, the Code Enforcement Officer shall investigate the threat and notify the landowner and refer the matter to the Planning Board for a public hearing. After a public hearing, the Planning Board may order the property owner to grant permission to the Alfred Water District to install groundwater monitoring wells and to conduct testing for groundwater contamination. Installation of monitoring wells, testing and monitoring of groundwater in such cases shall be at the sole cost of the municipality or the Water District, provided that if such testing indicates that the use is found to cause or contribute to reduction of 80% or more of the state primary or secondary drinking water standards at the water district property line, the property owner shall reimburse the municipality or water district for all expenses incurred for such installation, testing and monitoring.
B.
For any new uses located in Wellhead Protection District 2, established after Tuesday, March 29, 2005, the Planning Board shall require, as a condition of approval, the property owner and/or applicant to grant permission to the Alfred Water District to install groundwater monitoring wells and to conduct testing for groundwater contamination. Installation of monitoring wells, testing and monitoring of groundwater in such cases shall be at the sole cost of the owner and/or applicant.